Administrative Rule 41:08 | South Dakota Legislature

41:08:01:01. Mink and weasel hunting and trapping season established. The season is open from sunrise on November 1 through sunset on January 31 to hunt and trap mink and weasel in all counties of the state.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 3 SDR 22, effective September 23, 1976; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 18 SDR 33, effective August 19, 1991; 19 SDR 17, effective August 12, 1992; 20 SDR 13, effective August 8, 1993; 22 SDR 16, effective August 15, 1995; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18, 41-8-20.

Law Implemented: SDCL 41-2-18, 41-8-20.

Rule 41:08:01:02 Muskrat trapping season established.

41:08:01:02. Muskrat trapping season established. The West River muskrat trapping season is open year-round to trap muskrat in all counties west of the Missouri River, except in the portion of the Black Hills Fire Protection District south of Interstate 90.

The Black Hills muskrat trapping season is open from sunrise on November 1 through sunset on April 30, to trap muskrats in the portion of the Black Hills Fire Protection District south of Interstate 90 and west of State Highway 79. The season is open year-round to trap muskrats in the portion of the Black Hills Fire Protection District north of Interstate 90.

The East River muskrat trapping season is open from sunrise on November 1 through sunset on April 30, to trap muskrats in the portion of the state lying east of the Missouri River.

General Authority: SDCL 41-2-18(2)(17), 41-8-20.

Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.

Rule 41:08:01:03 Repealed.

41:08:01:03. Muskrat trapping season established in Black Hills Fire Protection District. Repealed.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 18 SDR 33, effective August 19, 1991; repealed, 39 SDR 10, effective August 1, 2012.

Rule 41:08:01:04 Repealed.

41:08:01:04. East River muskrat trapping season established. Repealed.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 2 SDR 18, effective September 16, 1975; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 18 SDR 33, effective August 19, 1991; 19 SDR 17, effective August 12, 1992; 20 SDR 13, effective August 8, 1993; 22 SDR 16, effective August 15, 1995; 23 SDR 20, effective August 13, 1996; 24 SDR 16, effective August 13, 1997; 38 SDR 8, effective August 3, 2011; repealed, 39 SDR 10, effective August 1, 2012.

Rule 41:08:01:04.01 Muskrat hunting season.

41:08:01:04.01. Muskrat hunting season. The season is open statewide from sunrise on April 1 through sunset on August 31. The season is open to landowners and lessees, including School and Public Lands surface lease holders, on land they own or operate. State, county, or township highway officials are allowed to take muskrats during the season from within the public road rights-of-way. Non-toxic shot must be used if using shotguns.

Source: 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(2)(14)(17), 41-8-20.

Law Implemented: SDCL 41-2-18(2)(14)(17), 41-8-20.

Rule 41:08:01:05 Repealed.

41:08:01:05. Muskrat trapping season restricted in certain East River counties. Repealed.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; repealed, 5 SDR 19, effective September 14, 1978; readopted, 12 SDR 92, effective December 4, 1985; repealed, 13 SDR 26, effective September 10, 1986; readopted, 23 SDR 20, effective August 13, 1996; repealed, 25 SDR 193, effective July 19, 1998.

Rule 41:08:01:05.01 Repealed.

41:08:01:05.01. Experimental muskrat management area. Repealed.

Source: 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 12 SDR 22, effective August 21, 1985.

Rule 41:08:01:06 Repealed.

41:08:01:06. Opossum trapping and hunting season established. Repealed.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 5 SDR 19, effective September 14, 1978; repealed, 7 SDR 21, effective September 15, 1980.

41:08:01:07. Beaver trapping and hunting season established. The season to catch, trap, or hunt beaver is open statewide and year-round, except as provided in this section. The season is open from sunrise on November 1 through sunset on April 30 to catch, trap, or hunt beaver within the Black Hills Fire Protection District south of Interstate 90 and west of State Highway 79, except U. S. Forest Service lands where the beaver season is open from January 1 through March 31.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 3 SDR 22, effective September 23, 1976; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 18 SDR 33, effective August 19, 1991; 23 SDR 20, effective August 13, 1996; 32 SDR 31, effective August 29, 2005; 35 SDR 47, effective September 8, 2008; 47 SDR 27, effective September 15, 2020; 48 SDR 14, effective August 22, 2021.

General Authority: SDCL 41-2-18(2)(17).

Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.

Rule 41:08:01:08 Repealed.

41:08:01:08. Beaver trapping and hunting season established in West River -- Exception. Repealed.

41:08:01:08.01. Bobcat trapping and hunting season established -- Hunting restrictions -- Tagging requirements. The bobcat trapping and hunting season is open statewide from sunrise on December twenty-sixth through sunset on February fifteenth. Any trapper or hunter participating in the bobcat season east of the Missouri River is limited to harvesting one bobcat.

Any trapper or hunter participating in the bobcat season in the Black Hills may not harvest more than one bobcat in the area comprising:

(1) That portion of Lawrence County south of Interstate 90;

(2) That portion of Meade County west and south of Interstate 90;

(3) Those portions of Pennington and Custer Counties west of State Highway 79; and

(4) That portion of Fall River County north and west of a line beginning at the junction of the South Dakota-Wyoming border and U.S. Highway 18, then east along U.S. Highway 18 to its junction with the Cheyenne River, then east along the Cheyenne River to its junction with State Highway 79, then north along State Highway 79 to its junction with the Custer County line.

A harvested bobcat must be presented to a department representative for registration and tagging of the pelt, within five days of harvest during the season. Once the season has closed, a person has twenty-four hours to notify a department representative of any untagged bobcats harvested and arrange a time for registration and tagging of the pelt. The pelt must be removed from the carcass and the carcass must be surrendered to the department representative. After the pelt has been tagged, it must be returned to the hunter or trapper. Upon request, the carcass may be returned to the hunter or trapper after the carcass has been inspected and the lower jaw has been removed.

A person may only possess, purchase, or sell raw bobcat pelts that are tagged through the eyeholes with a tag provided by the department or if taken from another jurisdiction, properly and securely tagged with a tag supplied by the governmental entity issuing the license. If the governmental entity issuing the license does not issue a tag, other proof that the animal has been lawfully taken is necessary.

Source: 2 SDR 18, effective September 16, 1975; 3 SDR 22, effective September 23, 1976; 4 SDR 15, effective September 15, 1977; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 20 SDR 13, effective August 8, 1993; 22 SDR 16, effective August 15, 1995; 23 SDR 20, effective August 13, 1996; 24 SDR 16, effective August 13, 1997; 30 SDR 21, effective August 25, 2003; 38 SDR 8, effective August 3, 2011; 39 SDR 10, effective August 1, 2012; 40 SDR 29, effective August 20, 2013; 42 SDR 93, effective December 30, 2015; 47 SDR 27, effective September 15, 2020; 47 SDR 38, effective October 6, 2020; 51 SDR 53, effective November 11, 2024.

General Authority: SDCL 41-2-18(2)(17).

Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.

Rule 41:08:01:08.02 Skunk, oppossum, fox, raccoon, and badger trapping and hunting season established.

41:08:01:08.02. Skunk, opossum, fox, raccoon, and badger trapping and hunting season established. The season is open the year-round to hunt or trap skunks, opossum, gray fox, red fox, raccoon, and badger.

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(2)(17), 41-8-20.

Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.

Rule 41:08:01:08.03 Jackrabbit hunting season established.

41:08:01:08.03. Jackrabbit hunting season established. The jackrabbit hunting season is open the year-round.

Source: 4 SDR 10, effective August 25, 1977; 5 SDR 19, effective September 14, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(2)(17).

Law Implemented: SDCL 41-2-18(2)(17), 41-3-1.

Rule 41:08:01:08.04 Repealed.

41:08:01:08.04. Fox, raccoon, and badger trapping and hunting season established. Repealed.

Source: 5 SDR 108, effective June 28, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 13 SDR 68, effective December 11, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; repealed, 39 SDR 10, effective August 1, 2012.

41:08:01:08.05. River otter trapping and hunting season established -- Harvest limit -- Tagging requirements. The river otter hunting and trapping season is open to residents in Aurora, Beadle, Bon Homme, Brookings, Brown, Charles Mix, Clark, Clay, Codington, Davison, Day, Deuel, Douglas, Grant, Hamlin, Hanson, Hutchinson, Jerauld, Kingsbury, Lake, Lincoln, Marshall, McCook, Miner, Minnehaha, Moody, Roberts, Sanborn, Spink, Turner, Union, and Yankton Counties. The season is from sunrise on November 1 through sunset on December 31 or until 20 river otters have been harvested, whichever occurs first. A person is limited to one river otter per season.

Any person harvesting a river otter during the season shall notify the department within 24 hours of harvest. The entire carcass, along with the detached pelt, must be submitted to the department representative within five days of harvest. Once the season has closed, a person has 24 hours to notify a department representative of any untagged river otter harvested during the season. The tagged pelt must be returned. The carcass must be surrendered to the department and may be returned upon request. A person may only possess, purchase, or sell raw river otter pelts that are tagged through the eyeholes by the department, or, if harvested from another jurisdiction, properly and securely tagged with a tag supplied by the governmental entity issuing the license. If the governmental entity issuing the license does not issue a tag, other proof that the river otter has been lawfully harvested is required. Any river otter harvested 24 hours after the close of the season will be considered incidental harvest and must be surrendered to the department.

Source: 47 SDR 27, effective September 15, 2020; 48 SDR 14, effective August 22, 2021.

General Authority: SDCL 41-2-18(2)(17).

Law Implemented: SDCL 41-2-18(2)(17).

Rule 41:08:01:09 Repealed.

41:08:01:09. Areas not open. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 18, effective September 16, 1975; 6 SDR 44, effective November 7, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 13 SDR 192, effective June 22, 1987; 14 SDR 40, effective September 23, 1987; 47 SDR 27, effective September 15, 2020.

Rule 41:08:01:10 Transferred.

41:08:01:10. Transferred to § 41:06:02:03.

Rule 41:08:01:11 Permit required to trap in state park system -- Restrictions.

41:08:01:11. Permit required to trap in state park system -- Restriction. A person must have a permit issued by the park manager to trap in any area within the state park system during established furbearer seasons. Permits may only be issued for the period of November 1 through March 31 of the following year and are free. Permits may include conditions specific to the park for which the permit is issued. No permit may be issued for trapping in Beaver Creek Nature Area, Adams Homestead and Nature Preserve, or Custer State Park or on any privately owned lands within those areas.

Source: 18 SDR 33, effective August 19, 1991; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(2)(17), 41-8-20, 41-17-1.1(1)(4).

Law Implemented: SDCL 41-2-18(2)(17), 41-8-20, 41-17-1.1(1)(4).

41:08:01:12. Nonresident restrictions. Notwithstanding the season dates established in this chapter, a nonresident may not take any mink or weasel from February first through November thirtieth; or take any muskrat, beaver, or raccoon from March sixteenth through November thirtieth; or take any bobcat from February sixteenth through the Friday preceding the second Saturday of January.

Source: 34 SDR 67, effective September 10, 2007; 35 SDR 47, effective September 8, 2008; 38 SDR 40, effective September 20, 2011; 47 SDR 27, effective September 15, 2020; 51 SDR 13, effective August 14, 2024.

General Authority: SDCL 41-2-18(1)(2)(17).

Law Implemented: SDCL 41-2-18(1)(2)(17), 41-8-20.

CHAPTER 41:08:02

TRAPPING PROHIBITIONS

Section

41:08:02:01 Water-sets prohibited -- Dates -- Exceptions.

41:08:02:02 Repealed.

41:08:02:03 Trap checking required.

41:08:02:04 Exposed bait prohibited.

41:08:02:05 Snare restrictions.

41:08:02:06 Body grip trap restrictions.

41:08:02:07 Repealed.

41:08:02:08 Restrictions on colony traps.

41:08:02:09 Barbed hooks prohibited.

41:08:02:10 Pole traps prohibited.

41:08:02:11 Repealed.

41:08:02:12 Possession of wild animals caught outside established season prohibited -- Immediate release or contact with department representative required.

41:08:02:13 Traps to be rendered inoperable -- Removal of trapping devices.

41:08:02:14 Repealed.

41:08:02:15 Use of live mammals or live birds prohibited.

41:08:02:01. Water-sets prohibited -- Dates -- Exceptions. Except as otherwise provided in this section, no person may set a trap within 30 feet of water from October 1 through October 31. A live trap, snare, or trap designed specifically to catch raccoons may be used. Body grip or killer traps set in accordance with § 41:08:02:06 may be used for beaver statewide except the portion of the Black Hills Fire Protection District south of Interstate 90 and west of State Highway 79, except U. S. Forest Service lands.

No person may flag, mark, or otherwise attempt to claim a muskrat house on public land or waters before sunrise on November 1. No person may flag or mark any muskrat house during the muskrat season, except those houses containing an operational trap set.

The placing of any traps in or on any size of muskrat house is prohibited east of the Missouri River from March 16 through April 30.

Except as provided for in this section, no person may place any trap whether set or unset, stake, cable, chain, wire, or other device used for the purpose of attaching a trap, or otherwise attempt to claim or mark a trap site on any public road right-of-way or public land or water open to trapping within 30 feet of water from October 1 through the opening of the mink season.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; repealed, 7 SDR 21, effective September 15, 1980; readopted, 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 19 SDR 17, effective August 12, 1992; 30 SDR 21, effective August 25, 2003; 32 SDR 31, effective August 29, 2005; 38 SDR 8, effective August 3, 2011; 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020; 48 SDR 14, effective August 22, 2021.

General Authority: SDCL 41-2-18(14).

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:02:02 Repealed.

41:08:02:02. Flagging of muskrat houses prohibited. Repealed.

Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 16 SDR 32, effective August 20, 1989; 30 SDR 21, effective August 25, 2003; 47 SDR 27, effective September 15, 2020.

Rule 41:08:02:03 Trap checking required.

41:08:02:03. Trap checking required. A trapper shall check all traps and snares in the field belonging to the trapper and remove any caught animal prior to 12 o'clock midnight of the second full calendar day east of the Missouri River, and prior to 12 o'clock midnight of the third full calendar day west of the Missouri River, following a previous check or when the trap was initially set. However, any trap or snare entirely submerged in water that remains set beneath the ice shall be checked and any caught animal removed prior to 12 o'clock midnight of the fifth full calendar day statewide, following a previous check or when the trap was initially set.

Source: 4 SDR 15, effective September 15, 1977; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 14 SDR 40, effective September 23, 1987; 16 SDR 32, effective August 20, 1989; 30 SDR 21, effective August 25, 2003; 35 SDR 47, effective September 8, 2008.

General Authority: SDCL 41-2-18(14), 41-8-20.

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:02:04 Exposed bait prohibited.

41:08:02:04. Exposed bait prohibited. No person may set a trap or snare within 30 feet of any exposed bait visible to airborne raptors. "Exposed bait" means the meat or viscera of an animal, bird, or fish with or without skin, hide, fur, or feathers.

Source: 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 30 SDR 21, effective August 25, 2003; 44 SDR 17, effective August 7, 2017.

General Authority: SDCL 41-2-18(14), 41-8-20.

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:02:05 Snare restrictions.

41:08:02:05. Snare restrictions. A snare must be equipped with a mechanical lock, a swivel device on the anchor end, and a permanent stop to prevent the capture loop from closing to a diameter of less than two and one-half inches. A snare, such as the Hopkins S-hook or the Kelly (Amberg) snare, which is equipped with a snare lock or device having a breaking strength of 350 pounds of pressure or less, may be used in lieu of a snare with a permanent stop that prevents the capture loop from closing to less than two and one-half inches. A snare equipped with the breakaway lock instead of the permanent stop must be affixed to an immovable object solidly attached to the ground. Any person using a snare that is not equipped with a permanent stop must, upon request, submit the snare for a test of its breaking strength.

No snare may be set within a feedlot, pasture, cropland, or other fenced area containing domestic livestock, without the permission of the landowner or tenant.

A snare must be attached by the swivel device directly to the anchoring device or by chain or cable between the swivel and the anchoring device. When the snare is set, the swivel must operate freely. The swivel device on a snare may not exceed four inches in total length. No snare may be attached to a drag-type anchoring device. No snare may be attached to any part of a fence along road rights-of-way adjacent to private land without permission of the adjoining landowner or tenant.

From May 1 through November 13, no snare is permitted on public lands or within any improved road rights-of-way statewide.

No snare with a spring or other device that applies pressure to the locking mechanism may be placed on a Game Production Area or Waterfowl Production Area, unless the snare is placed below the surface of water or ice.

No person may possess or transport snares that are not equipped in accordance with this section, except that a manufacturer may obtain a free transportation or shipping permit from a conservation officer to transport or ship snares not legal in this state to customers in other states.

Source: 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 22, effective August 21, 1985; 14 SDR 40, effective September 23, 1985; 15 SDR 24, effective August 14, 1988; 25 SDR 21, effective August 27, 1998; 26 SDR 21, effective August 23, 1999; 30 SDR 21, effective August 25, 2003; 45 SDR 9, effective July 30, 2018; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(14), 41-8-20.

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:02:06 Body grip trap restrictions.

41:08:02:06. Body grip trap restrictions. The following restrictions apply to the use of body grip traps commonly known as conibears:

(1) No person may set or operate above the water's edge of a stream, river, or other body of water a body grip trap with a jaw spread greater than eight inches; and

(2) On all public lands and public road right-of-ways statewide, no person may set or operate a body grip trap used in conjunction with any bait, lure, or scent with a jaw spread greater than six and three-quarter inches unless:

(a) The trap is recessed in a plastic, wood, or metal cubby a minimum of seven inches from the front edge of the cubby to the trigger of the trap; or

(b) The trap is set below the water's edge of a stream, river, or other body of water.

Source: 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 30 SDR 21, effective August 25, 2003; 39 SDR 33, effective September 5, 2012.

General Authority: SDCL 41-2-18(14), 41-8-20.

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:02:07 Repealed.

41:08:02:07. Possession and transportation of snares. Repealed.

Source: 14 SDR 40, effective September 23, 1987; 30 SDR 21, effective August 25, 2003; 47 SDR 27, effective September 15, 2020.

Rule 41:08:02:08 Restrictions on colony traps.

41:08:02:08. Restrictions on colony traps. The size of colony traps used for muskrats may not exceed 36 inches in overall length. If using a round colony trap, the diameter may not exceed 12 inches. If using a box colony trap, the height may not exceed 12 inches and the width may not exceed 12 inches.

Source: 15 SDR 24, effective August 14, 1988; 30 SDR 21, effective August 25, 2003; 39 SDR 33, effective September 5, 2012.

General Authority: SDCL 41-2-18(14).

Law Implemented: SDCL 41-2-18(14).

Rule 41:08:02:09 Barbed hooks prohibited.

41:08:02:09. Barbed hooks prohibited. No barbed hooks or other similar sharpened instruments may be used as a method of taking furbearing animals.

Source: 15 SDR 24, effective August 14, 1988; 30 SDR 21, effective August 25, 2003.

General Authority:SDCL 41-2-18(14).

Law Implemented:SDCL 41-2-18(14).

Rule 41:08:02:10 Pole traps prohibited.

41:08:02:10. Pole traps prohibited. No person may set or allow to be set a trap, snare, or similar device on a pole or post in a manner that may capture, injure, or kill a raptor.

Source: 17 SDR 23, effective August 16, 1990; 30 SDR 21, effective August 25, 2003; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(14).

Law Implemented: SDCL 41-2-18(14).

Cross-Reference: Taking or acquisition of raptors -- Trapping requirements, § 41:09:06:21.

Rule 41:08:02:11 Repealed.

41:08:02:11. Trapping in muskrat houses prohibited. Repealed.

Source: 19 SDR 17, effective August 12, 1992; 20 SDR 13, effective August 8, 1993; repealed, 21 SDR 14, effective August 3, 1994; readopted, 22 SDR 16, effective August 15, 1995; 30 SDR 21, effective August 25, 2003; 37 SDR 18, effective August 16, 2010; 47 SDR 27, effective September 15, 2020.

Rule 41:08:02:12 Possession of wild animals caught outside established season prohibited -- Immediate release or contact with department representative required.

41:08:02:12. Possession of wild animals caught outside established season prohibited -- Immediate release or contact with department representative required. Any trapper who finds a live wild animal in a trap or snare belonging to the trapper at a time when the established season is closed must immediately release the animal.

Any trapper who finds a dead wild animal in a trap or snare belonging to the trapper at a time when the established season is closed shall leave the animal undisturbed in the trap or snare and shall contact a department representative within 12 hours. The department representative may authorize the temporary possession of the wild animal until it can be surrendered to the department.

Source: 30 SDR 21, effective August 25, 2003; 31 SDR 21, effective August 23, 2004.

General Authority: SDCL 41-2-18(14), 41-8-20.

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:02:13 Traps to be rendered inoperable -- Removal of trapping devices.

41:08:02:13. Traps to be rendered inoperable -- Removal of trapping devices. All traps shall be rendered inoperable and all snares shall be closed to their permanent stop, or closed to less than two and one-half inches if the snare is not equipped with a permanent stop, if the person responsible for checking the traps or snares is not actively trapping and checking them within the time frames as provided in § 41:08:02:03. All traps and snares (set or unset), stakes, cables, chains, wires, or other devices used for the purpose of attaching a trap or snare shall be removed from public lands and improved road rights-of-way prior to May 1 of each year. However, live traps may remain or be placed on public lands and improved road rights-of-way beyond May 1 but shall be removed by September 1 of each year.

Source: 30 SDR 21, effective August 25, 2003; 41 SDR 7, effective July 30, 2014; 45 SDR 155, effective June 24, 2019.

General Authority: SDCL 41-2-18(14), 41-8-20.

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:02:14 Repealed.

41:08:02:14. Traps and associated equipment prohibited on public lands open to trapping -- Dates. Repealed.

Source: 37 SDR 18, effective August 16, 2010; 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020.

Rule 41:08:02:15 Use of live mammals or live birds prohibited.

41:08:02:15. Use of live mammals or live birds prohibited. The use of any live mammal or live bird to aid in the taking of a furbearing animal, predator, or varmint by a trap or snare is prohibited.

Source: 41 SDR 7, effective July 30, 2014.

General Authority: SDCL 41-2-18(14), 41-8-20.

Law Implemented: SDCL 41-2-18(14), 41-8-20.

Rule 41:08:03 BOUNTIES

CHAPTER 41:08:03

BOUNTIES

Section

41:08:03:01 Repealed.

Rule 41:08:03:01 Repealed.

41:08:03:01. Affidavit and requirements for bounty collection. Repealed.

Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

Rule 41:08:04 PROTECTED FURBEARING ANIMALS

CHAPTER 41:08:04

PROTECTED FURBEARING ANIMALS

(Repealed. 39 SDR 10, effective August 1, 2012)

Rule 41:08:05 POSSESSION OF LIVE FURBEARERS

CHAPTER 41:08:05

POSSESSION OF LIVE FURBEARERS

Section

41:08:05:01 Possession of live fur-bearing animal prohibited -- Exception.

41:08:05:02 Repealed.

41:08:05:03 Purchase of live fur-bearing animal prohibited.

41:08:05:04 Killing or release of fur-bearing animal required -- Exception for pet.

41:08:05:05 Possession of physically altered fur-bearing animal prohibited -- Exception.

41:08:05:06 Repealed.

41:08:05:07 Seizure and disposition of live fur-bearing animal possessed unlawfully.

Cross-Reference: Domesticated fur-bearing animals, SDCL 40-35.

Rule 41:08:05:01 Possession of live fur-bearing animal prohibited -- Exception.

41:08:05:01. Possession of live fur-bearing animal prohibited -- Exception. A person may not possess a live fur-bearing animal, as defined in SDCL 41-1-1, with the following exception: no more than one raccoon, jackrabbit, skunk, red or grey fox, or coyote per household may be kept as a pet under humane and sanitary conditions.

Source: 3 SDR 22, effective September 23, 1976; 6 SDR 14, effective August 23, 1979; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 13, effective August 27, 2000; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(1)(2)(11).

Law Implemented: SDCL 41-2-18(1)(2)(11).

Rule 41:08:05:02 Repealed.

41:08:05:02. Possession of live furbearer after season -- Requirement.Repealed.

Source: 3 SDR 22, effective September 23, 1976; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:08:05:03 Purchase of live fur-bearing animal prohibited.

41:08:05:03. Purchase of live fur-bearing animal prohibited. A person may not offer for sale, sell, or purchase a live fur-bearing animal.

Source: 3 SDR 22, effective September 23, 1976; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(1)(2)(11).

Law Implemented: SDCL 41-2-18(1)(2)(11).

Rule 41:08:05:04 Killing or release of fur-bearing animal required -- Exception for pet.

41:08:05:04. Killing or release of fur-bearing animal required -- Exception for pet. Unless the animal is to be kept as a pet, as provided in § 41:08:05:01, a person who takes a live fur-bearing animal in the wild shall immediately and humanely kill the animal or release it.

Source: 3 SDR 22, effective September 23, 1976; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(1)(2)(11).

Law Implemented: SDCL 41-2-18(1)(2)(11).

Rule 41:08:05:05 Possession of physically altered fur-bearing animal prohibited -- Exception.

41:08:05:05. Possession of physically altered fur-bearing animal prohibited -- Exception. A person may not possess a pet fur-bearing animal, as authorized by § 41:08:05:01, which has been physically altered, except for a de-scented skunk. Alteration includes the clipping of tendons and removal of teeth, claws, or other parts.

Source: 3 SDR 22, effective September 23, 1976; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18.

Law Implemented: SDCL 41-2-18.

Rule 41:08:05:06 Repealed.

41:08:05:06. Possession of live furbearer during closed season as prima facie evidence of unlawful taking -- Burden of proof as to lawful taking.Repealed.

Source: 3 SDR 22, effective September 23, 1976; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:08:05:07 Seizure and disposition of live fur-bearing animal possessed unlawfully.

41:08:05:07. Seizure and disposition of live fur-bearing animal possessed unlawfully. A live fur-bearing animal possessed contrary to this chapter or to statute must be immediately seized by a conservation officer and must be disposed of in the manner directed by the secretary.

Source: 3 SDR 22, effective September 23, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-15-14.

Law Implemented: SDCL 41-15-14.

Rule 41:08:06 AERIAL HUNTING

CHAPTER 41:08:06

AERIAL HUNTING

Section

41:08:06:01 Permit and authorization required.

41:08:06:02 Application -- Contents -- Submission.

41:08:06:03 County permits -- Selection.

41:08:06:04 Expiration of permits.

41:08:06:05 Repealed.

41:08:06:06 Hunting area limited.

41:08:06:06.01 Repealed.

41:08:06:07 Daily record required.

41:08:06:08 Quarterly reporting required.

41:08:06:09 Repealed.

Rule 41:08:06:01 Permit and authorization required.

41:08:06:01. Permit and authorization required. Except for employees and contract pilots of the department and persons exempted under SDCL 41-8-39.1, a person may not hunt fox and coyote from an aircraft unless the person has been granted a permit and authorization from an extension trapper, conservation officer, or other authorized representative of the department under the provisions of this chapter. The permittee shall obtain authorization from the department each time there is a depredation complaint to be addressed by aerial hunting.

If the permittee is unable to reach a department representative to obtain authorization and the depredation complaint requires a more immediate response, aerial hunting of fox and coyote may be conducted under the following conditions:

(1) The permittee shall leave a message on the answering machine of the department representative indicating the name and phone number of the person experiencing the depredation, the time and date of the call, the nature of the damage incurred, and the planned response; or

(2) If circumstances of the depredation complaint do not permit or allow for placing the call and leaving a message on the answering machine due to the inability to place the call or urgency of the depredation complaint, the permittee may proceed to hunt by aircraft provided the permittee notifies the department of the information required in subdivision (1) of this section within the same day.

Regardless of how the permittee obtains authorization from the department, the permittee shall obtain permission from the landowner or lessee prior to any aerial hunting and each time there is a depredation complaint.

Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1974; 25 SDR 59, effective October 26, 1998; 28 SDR 24, effective August 28, 2001; 28 SDR 166, effective June 4, 2002.

General Authority: SDCL 41-2-18(2)(14), 41-8-39.1.

Law Implemented: SDCL 40-36-9, 41-2-18(2)(14), 41-8-39.1, 41-8-39.2.

Rule 41:08:06:02 Application -- Contents -- Submission.

41:08:06:02. Application -- Contents -- Submission. A person who desires a permit to hunt fox and coyote from an aircraft shall submit a completed aerial hunting application to the department in Pierre giving the person's name, address, phone number, hunting license number, county or counties where hunting will occur, and any other information requested on the application prepared by the department which the department deems necessary to comply with the provisions of SDCL chapter 41-8 and chapter 41:08:06.

Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 24, effective August 28, 2001; 44 SDR 93, effective December 4, 2017; 47 SDR 110, effective April 29, 2021.

General Authority: SDCL 41-2-18(2)(14).

Law Implemented: SDCL 40-36-9, 41-2-18(2)(14), 41-8-39.1.

Rule 41:08:06:03 County permits -- Selection.

41:08:06:03. County permits -- Selection. The department may subjectively determine the number of contracts and permits in a county, may assign more than one county to a permittee, and may subjectively select the permittees contracted. The secretary may make assignment exceptions to effect cooperative agreements between the department and organized predator control districts.

Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 19 SDR 128, effective March 9, 1993; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(2)(14).

Law Implemented: SDCL 40-36-9, 41-2-18(2)(14), 41-8-39.2.

Rule 41:08:06:04 Expiration of permits.

41:08:06:04. Expiration of permits. Permits expire on August 31.

Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 85, effective February 26, 2001; 28 SDR 24, effective August 28, 2001; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-8-39.1.

Law Implemented: SDCL 41-8-39.1.

Rule 41:08:06:05 Repealed.

41:08:06:05. Display of numbered markers.Repealed.

Source: 3 SDR 30, effective October 20, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 19 SDR 128, effective March 9, 1993.

41:08:06:06. Hunting area limited. A permittee may aerial hunt only in the counties permitted in the contract. A permittee may not aerial hunt upon or over any private land or any state or federal land, except as authorized by a department representative or as otherwise provided for in this chapter.

A permittee may aerial hunt upon or over land owned or managed by the Office of School and Public Lands, without prior authorization by a department representative except that such land is closed to aerial hunting for four consecutive days beginning three days prior to the opening day of any local prairie elk, antelope, or deer firearm hunting season, as provided in article 41:06. For purposes of this section, the phrase, deer firearm hunting season, does not include the mentored, youth, or apprentice deer season, as provided for in article 41:06 or seasons restricted to the use of muzzleloading rifles, as provided for in chapters 41:06:36 and 41:06:45. A landowner pilot who has obtained a permit from the department may aerial hunt land the pilot owns or leases, including land leased from the Office of School and Public Lands, and up to four miles onto any contiguous private land or land leased from the Office of School and Public Lands, with written permission of the respective owner or lessee of the contiguous land. No contact with the department for authorization is necessary.

Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 25 SDR 59, effective October 26, 1998; 28 SDR 166, effective June 4, 2002; 30 SDR 189, effective June 7, 2004; 47 SDR 27, effective September 15, 2020; 47 SDR 137, effective June 29, 2021.

General Authority: SDCL 41-2-18(2)(14), 41-8-39.1.

Law Implemented: SDCL 40-36-9, 41-2-18(2)(14), 41-8-39.1, 41-8-39.2.

Rule 41:08:06:06.01 Repealed.

41:08:06:06.01. Permittee subject to department hunting request. Repealed.

Source: 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 166, effective June 4, 2002; 47 SDR 27, effective September 15, 2020.

Rule 41:08:06:07 Daily record required.

41:08:06:07. Daily record required. A permittee shall maintain a daily record that shows the number of fox and coyote taken and the area where they were taken.

Source: 3 SDR 30, effective October 20, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18, 41-8-39.1.

Law Implemented: SDCL 40-36-9, 41-2-18, 41-8-39.1.

Rule 41:08:06:08 Quarterly reporting required.

41:08:06:08. Quarterly reporting required. A permittee shall file a report with the department within 15 days after each calendar quarter. The report must state the numbers of foxes and coyotes taken under the permit during the quarter. If no animals were taken, the report must so state.

Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18, 41-8-39.1.

Law Implemented: SDCL 40-36-9, 41-2-18, 41-8-39.1.

Rule 41:08:06:09 Repealed.

41:08:06:09. Cancellation. Repealed.

Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

Rule 41:08:07 EXOTIC ANIMALS

CHAPTER 41:08:07

EXOTIC ANIMALS

(Transferred to Article 41:14, effective October 8, 1991)

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